This is the accessible text file for GAO report number GAO-05-208R
entitled 'GAO Bid Protest Annual Report to the Congress for Fiscal
Year 2004' which was released on January 24, 2005.
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United States Government Accountability Office:
Washington, DC 20548:
GAO-05-208R:
B-158766:
January 24, 2005:
The Honorable J. Dennis Hastert:
Speaker of the House of Representatives:
Dear Mr. Speaker:
This letter responds to the requirements of the Competition in
Contracting Act of 1984, 31 U.S.C. § 3554(e)(2) (2000), that the
Comptroller General report to Congress each instance in which a
federal agency did not fully implement a recommendation made by our
Office in connection with a bid protest decided the prior fiscal year.
We are pleased to report that there was no such occurrence during
fiscal year 2004.
During the fiscal year, we received 1,387 protests (including 58 cost
claims) and 98 requests for reconsideration, for a total of 1,485
cases. We closed 1,405 cases: 1,334 protests (including 38 cost
claims) and 71 requests for reconsideration. Enclosed for your
information is a chart comparing the bid protest activity for fiscal
years 2001-2004.
A copy of this report, with the enclosure, is being furnished to the
Chairman and Ranking Minority Member of the House Committee on
Government Reform. A similar report is being furnished to the
President of the Senate.
Sincerely yours,
Signed by:
Anthony H. Gamboa:
General Counsel:
Enclosure:
Bid Protest Statistics for Fiscal Years 2001-2004:
Cases Filed:
FY 2004: 1,485 (up 10%);
FY 2003: 1,352 (up 12%);
FY 2002: 1,204 (up 5%);
FY 2001: 1,146 (down 6%).
Cases Closed:
FY 2004: 1,405;
FY 2003: 1,244;
FY 2002: 1,133;
FY 2001: 1,098.
Merit (Sustain + Deny) Decisions:
FY 2004: 365 (issued in average of 80 days);
FY 2003: 290 (issued in average of 79 days);
FY 2002: 256 (issued in average of 79 days);
FY 2001: 311 (issued in average of 79 days).
Number of Sustains:
FY 2004: 75;
FY 2003: 50;
FY 2002: 41;
FY 2001: 66.
Sustain Rate:
FY 2004: 21%;
FY 2003: 17%;
FY 2002: 16%;
FY 2001: 21%.
Effectiveness Rate (reported)[2]:
FY 2004: 34%;
FY 2003: 33%;
FY 2002: 33%.
FY 2001: 33%.
ADR[3] (cases used):
FY 2004: 123;
FY 2003: 120;
FY 2002: 145.
FY 2001: 150.
ADR Success Rate[4]:
FY 2004: 91%;
FY 2003: 92%;
FY 2002: 84%;
FY 2001: 84%.
Hearings:
FY 2004: 9% (56 cases);
FY 2003: 13% (74 cases);
FY 2002: 5% (23 cases);
FY 2001: 12% (63 cases).
[1] From the prior fiscal year.
[2] Based on a protester's obtaining some form of relief from the
agency, as reported to GAO.
[3] Alternative Dispute Resolution.
[4] Percentage resolved without a formal GAO decision.
[End of enclosure]
[End of report]